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Neighborhood Parking Protection and Public Safety Ordinance

City Council Meeting July 8, 2013. Neighborhood Parking Protection and Public Safety Ordinance . Overview. Goal: Provide law enforcement with more effective tools to enforce existing parking laws. Council District 2 is proposing ordinance to address: Parking/quality of life issues

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Neighborhood Parking Protection and Public Safety Ordinance

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  1. City Council Meeting July 8, 2013 Neighborhood Parking Protection and Public Safety Ordinance
  2. Overview Goal: Provide law enforcement with more effective tools to enforce existing parking laws. Council District 2 is proposing ordinance to address: Parking/quality of life issues Public safety concerns Environmental impacts Presented to Land Use & Housing Committee Nov. 28, 2012 and March 27, 2013
  3. The Issues Parking/Quality of Life Vehicles illegally parked in front of homes and businesses for weeks—or even months—at a time In violation of existing requirement to move 1/10 mile every 72 hours Occupying valuable parking spaces Blocking view corridors Limiting access to driveways and alleys Reduced visibility on narrow streets Public Safety/Environmental In many cases an occupant is living illegally in vehicle Instances of individuals disposing waste and black water on public streets, storm drains and bays Enforcement Challenges Current enforcement tools are time consuming and unproductive (e.g. marking tires, knocking on vehicle doors)
  4. Why: Improved Enforcement Current Proposed Enforcement – 3 day minimum PEO must mark vehicle after 72 hour parking violation complaint, then return after another 72 hours to inspect tag to issue citation Illegal Occupancy Officer must attempt to contact occupant inside of vehicle if suspected of illegal lodging Occupant is often unresponsive Enforcement – Immediate Officer visually inspects vehicle Citation issued on the spot to vehicles parked overnight without permit Illegal Occupancy Interaction with occupant unnecessary to issue citation
  5. Other Cities City of San Diego is one of the only coastal municipalities in S.D. County without oversized vehicle regulations Coastal cities with regulation specific to oversized vehicles (north to south): Oceanside Carlsbad Encinitas Solana Beach Del Mar San Diego (none) Coronado Imperial Beach (none) Other Southern California cities with regulations: Los Angeles, Oxnard, Torrance and El Cajon
  6. LU&H Committee 11/28/12 Direction to the City Attorney to: Update the 2008 draft oversized vehicle ordinance, including parked boats on trailers. Report on any legal challenges of similar ordinances from other jurisdictions, and if the City can restrict or ban additional objects without motors parked on streets. Work with Council District Two staff to determine how to establish a single permit (and fee) to allow for temporary parking before travel and also upon return from a trip. Advise when the City can tow or impound a recreational vehicle in violation(s) of the proposed parking restrictions. Direction to Independent Budget Analyst’s Office to: Update the fiscal impacts from the proposed permit fees and enforcement needs. Request from Councilmember Lightner to present to Community Planners Committee
  7. Proposed Ordinance Amends municipal code to prohibit parking of oversized, non-motorized, and recreational vehicles within boundaries of pilot area… …between 2-6 a.m. …within 50 feet of any intersection at any time Exceptions: pickups/deliveries, commercial loading zones, gov’t/public utility vehicles, school buses A permitting process for residents and their guests to park on same block as their home while preparing for trips Sunsets 2 years after Coastal Commission certification
  8. 2013 Proposed Ordinance (cont’d) Definitions: Oversized Vehicle: “any vehicle, including any attached trailers, vehicles or loads thereon, that exceeds 27 feet in length and 7 feet in height” Recreational Vehicle: camp trailer, camper, trailer coach, house car, boat, dune buggy, all-terrain vehicle (ATV) Non-motorized vehicle: Any trailer or trailer bus (trailer used for transportation of 15+ persons)
  9. 2013 Proposed Ordinance (cont’d) Permits Shall state the address of the resident Only valid within the same block as resident’s address, on either side of the street 24-hour duration; up to 3 consecutive permits at time for a total of 72 hours 72 permits per year maximum; at least 1 day between every 3 permits Suggested permit rate: $1.00 Fines $100 fine
  10. Proposed Pilot Area The boundaries of the pilot area are that portion of the City of San Diego south of the northern City limits, west of Interstate 5, north of West Laurel Street and San Diego Bay, and east of the Pacific Ocean; and that portion of the City of San Diego east of Interstate 5, south of Balboa Avenue, west of Tecolote Canyon Natural Park, the University of San Diego, Linda Vista Road and Morena Boulevard, and north of Interstate 8
  11. IBA Report 3/21/13 Updated analysis: implementation, permitting and enforcement
  12. Recommended Approval: LU&H Technical Advisory Committee Voted to recommend approval Nov. 14, 2012 Unanimous vote (8-0) to support the pilot program and forward to LU&H Committee with the following considerations: Continue to solicit input from SDPD on staffing necessary to make program successful Adjust price of permit to offset costs Consider including boat trailers If approved, conduct outreach program Lower tow threshold for repeat offenders
  13. Recommended Approval: Community Planners Committee Composed of representatives from every San Diego community Voted to recommend approval Jan. 22, 2013 Motion to support the LU&H recommendation to implement a pilot program in the coastal areas, with an evaluation after one year to determine whether to adopt the program citywide (Yea: 17; Nay: 8; Abstain: 1) Nays expressed support for stricter regulations Motion to prohibit overnight parking of large scale commercial vehicles on residential and commercial streets (Yea: 20; Nay: 2; Abstain: 3)
  14. LU&H Committee 3/27/13 Direction to Council District 2 staff to answer the following questions (Responses provided in 7/5/13 Referral Response memo): Does the City have the capability to have an online permitting system to implement the proposed ordinance? Will it be easy for members of the public to access permits or print them from home? What vehicles will be regulated under this ordinance? Is there City land available that may be suitable for the storage of recreational vehicles for habitation purposes? ACTION: Motion by Council President Pro Tem Lightner, Second by Council President Gloria, to move both the City-wide and Pilot Neighborhood Parking Protection Public Safety Ordinance to full City Council for further consideration.
  15. Next Steps Areas in the coastal area must be approved by Coastal Commission. Ordinance would not be effective until Coastal Commission Certification 30-90 day grace period to notify impacted stakeholders Meet and Confer Process with MEA regarding change of hours for Parking Enforcement Officers. Contract amendment or RFP to retain a vendor for the purpose of implementing the online permitting system Mid-year budgetary adjustment
  16. Recommended Action Approval of Sub Items A and B to implement a Neighborhood Parking Protection and Public Safety Ordinance Beach Pilot Program
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